Dear Parliamentary and Health Service Ombudsman,

What are the minimum legal requirements with regard to qualifications/training and other, for a doctor to undertake surgical procedures within the UK?

For clarification, please omit very minor procedures such as botox and skin tag removal, which may fall within a seperate cosmetic procedure remit.

What are the legal implications and consequences of a bogus doctor who undertakes surgical procedures, whilst failing to meet said legal requirements?

Yours faithfully,

Chris

informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


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InformationRights, Parliamentary and Health Service Ombudsman

Dear Chris

Thank you for your email of 25 October 2016. Section 8(b) of the Freedom of Information Act 2000 requires individuals to provide a full name - unless this is done a request is not valid for consideration under that Act.

Further guidance on this is available at the ICO website at: https://ico.org.uk/media/1164/recognisin...

If you would like to provide us with your full name, we will be happy to proceed with the request. However, you might find the information you need on one of the following websites:

www.nice.org.uk
www.dh.gov.uk
https://www.rcseng.ac.uk/

Yours sincerely

Aimee Gasston
Freedom of Information and Data Protection Team
Parliamentary and Health Service Ombudsman
W: www.ombudsman.org.uk

Please email the FOI/DP team at: [Parliamentary and Health Service Ombudsman request email]

show quoted sections

Dear InformationRights,

Christopher Higgs.

Yours sincerely,

Chris

Informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


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InformationRights, Parliamentary and Health Service Ombudsman

Dear Mr Higgs

 

Your information request (FDN-273979)

 

Thank you for your information request in which you asked about the
minimum legal requirements for doctors to perform surgical procedures in
the UK. You also asked:

 

What are the legal implications and consequences of a bogus doctor who
undertakes surgical procedures, whilst failing to meet said legal
requirements?

 

As you may be aware, section 21 of the Freedom of Information Act 2000
(FOIA) allows us to redirect requestors where information is reasonably
accessible in the public domain.  I have detailed the sources of relevant
information below.

 

NHS Choices provides information on how to choose a surgeon for cosmetic
surgery:

[1]www.nhs.uk/conditions/cosmetic-treatments-guide/Pages/choosing-a-surgeon.aspx

 

The General Medical Council website provides information about
registration and licensing: [2]www.gmc-uk.org.  Guidance for doctors who
offer cosmetic interventions is available here:
[3]www.gmc-uk.org/Guidance_for_doctors_who_offer_cosmetic_interventions_210316.pdf_65254111.pdf. 

 

The National Institute for Health and Care Excellence provides guidance
and information on standards in the healthcare sector: [4]www.nice.org.uk.

 

You might also find useful information on the Department of Health and
Royal College of Surgeons websites, detailed below:

 

[5]www.dh.gov.uk

[6]www.rcseng.ac.uk

 

Patient guidance on cosmetic surgery is available on the Royal College of
Surgeons website here: [7]www.rcseng.ac.uk/patient-care/cosmetic-surgery

 

If we hold any further information relevant to your request, it will be
held as part of information gathered during the course of our
investigations or reports of those investigations.  The legislation that
governs the Ombudsman’s work restricts how we can share this information –
I will explain how below.

 

Section 15 of the Health Service Commissioners Act 1993 sets out the
provisions for the confidentiality of information obtained by the
Ombudsman during the course of or for the purposes of an investigation. 
None of the circumstances set out in section 15 allow for the release of
information under FOIA.  As the release of this information is prohibited
by the Health Service Commissioners Act, its release is also exempt under
section 44 of the FOIA.  Section 44(2) of the FOIA allows public
authorities to neither confirm nor deny the existence of information under
FOIA where to do so is itself prohibited.  Section 44(2) of the FOIA
applies to this request.

 

I hope that this information is helpful.  If you are dissatisfied with the
way we have handled your information request, it is open to you to request
an internal review.  Beyond that, you can complain to the Information
Commissioner’s Office ([8]www.ico.org.uk).

 

Finally, if you would like to complain about a service you have received
from the NHS, information on how to do this is available on our website at
the following link: [9]www.ombudsman.org.uk/make-a-complaint

 

Yours sincerely

 

Freedom of Information and Data Protection Team

Parliamentary and Health Service Ombudsman

W: [10]www.ombudsman.org.uk

 

Please email the FOI/DP team at: [11][Parliamentary and Health Service Ombudsman request email]

 

From: Chris [mailto:[FOI #367392 email]]
Sent: 31 October 2016 15:52
To: InformationRights
Subject: FDN-273979 - Re: Freedom of Information request - Legal
Requirements For Undertaking Surgical Procedures

 

Dear InformationRights,

Christopher Higgs.

Yours sincerely,

Chris

show quoted sections

Dear InformationRights,

Thank you for your reply.

Unfortunately, you appear to have misread my request and, therefore, you didn't provide a relevant response. As per the second paragraph of my request;

"For clarification, please omit very minor procedures such as botox and skin tag removal, which may fall within a seperate cosmetic procedure remit."

I specifically wanted you to omit the requirements for purely cosmetic procedures, however, your response referred me to sites specific to this.

Please can you provide information specific to my original question;

"What are the minimum legal requirements for doctors to perform surgical procedures in
the UK (omitting the requirements for purely cosmetic procedures)?"

Yours sincerely,

Mr Christopher JI Higgs.

Informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


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______________________________________________________________________
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Jt Oakley left an annotation ()

How do you expect the PHSO to know that?

Why, it's not as if it investigates NHS procedures or anything ...

InformationRights, Parliamentary and Health Service Ombudsman

Dear Mr Higgs

 

Your information request (FDN-273979)

 

I would like to confirm that your request was understood.  However, for
the reasons set out in our previous email, we are not able to provide you
with the information that you seek.

 

It might be helpful if I explain that PHSO is a complaints handler; it
does not set standards or legal requirements.  In our previous response we
directed you to a number of organisations which are better placed to
respond to your request and which already have information available in
the public domain.

 

If you would like us to process an internal review which will look at
whether your request was handled in a legally complaint way, please let us
know.

Yours sincerely

 

Freedom of Information and Data Protection Team

Parliamentary and Health Service Ombudsman

W: [1]www.ombudsman.org.uk

 

Please email the FOI/DP team at: [2][Parliamentary and Health Service Ombudsman request email]

 

 

 

From: Chris [mailto:[FOI #367392 email]]
Sent: 16 November 2016 19:17
To: InformationRights
Subject: RE: FDN-273979 - Re: Freedom of Information request - Legal
Requirements For Undertaking Surgical Procedures

 

Dear InformationRights,

Thank you for your reply.

Unfortunately, you appear to have misread my request and, therefore, you
didn't provide a relevant response. As per the second paragraph of my
request;

"For clarification, please omit very minor procedures such as botox and
skin tag removal, which may fall within a seperate cosmetic procedure
remit."

I specifically wanted you to omit the requirements for purely cosmetic
procedures, however, your response referred me to sites specific to this.

Please can you provide information specific to my original question;

"What are the minimum legal requirements for doctors to perform surgical
procedures in
the UK (omitting the requirements for purely cosmetic procedures)?"

Yours sincerely,

Mr Christopher JI Higgs.

show quoted sections

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